Kelly Hayes
Second District Court of Appeals Judge Darryl Casanueva has ruled to continue hearing a class action lawsuit filed by a University of South Florida (USF) student against the school for failing to offer partial tuition refunds to students after canceling in-person classes because of COVID-19.
In a ruling released last Wednesday, Judge Casanueva declined the state’s motion to dismiss the suit on the grounds of sovereign immunity, allowing the lawsuit to continue.
“When the state enters into a contract authorized by general law, the defense of sovereign immunity will not shield it from litigation,” the ruling states.
Casanueva noted the “terms and conditions” of the student registration agreement contained “a promise by USF to provide any specific services in exchange for the fees it charged students.” And, when the Legislature authorizes a state entity to enter into a contract, “it clearly intends that the contract be valid and binding on both parties.”
While the decision does not provide a verdict on the case itself, it could lead the state to use a different defense.
USF doctoral student Valerie Marie Moore filed the suit back in March 2021. In her initial complaint, she argues that despite moving most classes online as a COVID-19 precaution, officials at USF did not refund any of the fees students paid for on-campus services during that time.
As a result, Moore filed the suit to seek damages on behalf of all students who paid fees to USF for on-campus services in 2020 or 2021 but did not receive the full benefits, alleging a breach of contract in the class-action claim.
“Some schools have already done the right thing and agreed to reimburse their students for these unused and unavailable services and charges,” the original complaint reads. “This lawsuit seeks to hold USF to this same standard of fairness.”
When the lawsuit was originally filed, the Legislature was simultaneously hearing proposals to shield colleges from such legal action.
The measure (HB 1261) cleared the Legislature, and went on to be signed by Gov. Ron DeSantis. The law shields colleges and universities from lawsuits over decisions to shut campuses because of the COVID-19 pandemic. The lawsuit will likely serve as a test of scrutiny of the recent measure.
“In any action against an educational institution, the Board of Governors of the State University System, or the State Board of Education for the reimbursement of tuition or fees, invoices, catalogs, and general publications of an educational institution are not evidence of an express or implied contract to provide in-person or on-campus education and related services or access to facilities during the COVID-19 public health emergency,” the law states. “This section does not apply to losses or damages that resulted solely from a breach of an express contractual provision allocating liability.”
The proposal aims to protect higher education institutions from cases just like Moore’s, as well as others filed in Florida stemming from COVID-19-related impacts.
In 2020, USF student Jarrett LaFleur filed a class-action lawsuit against Florida’s 12 public universities alleging that by moving in-person classes online as a precaution to the COVID-19 pandemic, Florida universities made the college experience less valuable, but they failed to compensate students by providing partial refunds.
He was later joined by six students representing four other Florida universities.
While LaFleur’s suit targets all of the state’s public universities, Moore’s is directed only at USF. LaFleur’s lawsuit also seeks partial refunds of tuition and fees, while Moore only requests the reimbursement of select fees, a substantially lower sum.
The State University System and the Florida Board of Governors filed a petition urging the court to dismiss LaFleur’s suit, which it did, citing sovereign immunity.
